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IP litigation & disputes

We help clients protect and enforce their IP rights to preserve value and maximise future opportunities.

intellectual property

Companies whose brands or technology secure their market position must be proactive about enforcing their rights. Otherwise they risk being overrun by competitors who take their R&D and marketing investment for their own use.

Whether it’s launching an offensive campaign or anticipating potential issues in anticipation of a defence, every business needs an IP strategy. And every IP strategy needs enforcement provisions. Tactics also need to be directed squarely at commercial outcomes.

How Griffith Hack can help you

Every business faces unique legal issue, so we don’t use a one-size fits all approach. We listen, ask questions, pay attention and then tailor advice that suits your business.

Our lawyers work with local, national and global companies to advise them on strategic intellectual property management. With a flexible, commercially driven and solutions-oriented approach, we make sure you get the most out of your IP.

Working with our patent attorneys and trade mark attorneys, we assist clients in protecting and enforcing their IP rights. This ensures the value of their rights is preserved and continues to drive business strategy.

We take a practical, commercial approach to contentious work to ensure our clients’ objectives are achieved cost effectively. Where relevant and appropriate, we can explore a range of potential dispute resolution mechanisms other than litigation.

Our services and expertise

We can assist you with the following IP litigation and disputes services.

Patent disputes and litigation

We bring together highly qualified and experienced patent litigation lawyers and patent attorneys with specialist knowledge and experience in a broad range of scientific and technology disciplines. Members of the patent litigation team collaborate to advise and represent clients on issues to optimise their competitive advantage.

Multi-disciplinary approach
Patent litigation presents some unique issues. Few areas of the law require such a special combination of scientific understanding, litigation expertise and strategic acuity. We have the depth of professional resources to provide the optimum multi-disciplinary team for any given matter.

Co-ordinated actions across jurisdictions
Griffith Hack provides legal services to both Australian clients operating in the global marketplace, and international clients operating in Australia. Many of the patent disputes in which we are instructed involve close co-operation with lead counsel in the US, Europe or other countries. We are acutely aware of the necessity to present a consistent international position in multijurisdictional litigation.

We understand the need for close communication and co-ordination as part of a global approach and we are adept at dealing with the legal and procedural particularities of the Australian legal system to ensure that a consistent global position is maintained.

This is particularly important not just for the “theory of the case” but with issues such as expert evidence, documentary disclosure and privilege.

Trade mark disputes and litigation

We are active in protecting clients’ trade marks through immediate action, including issuing cease and desist letters and taking court proceedings if necessary. Our litigation lawyers are experienced in seeking relief from the courts for trade mark infringement and for the related actions of passing off and contravention of the consumer protection provisions of the Australian Consumer Law. Our focus is on expeditious and cost-effective resolution of disputes, including the use of mediation to settle disputes where suitable.

In order to combat trade mark piracy and counterfeiting for our clients, Griffith Hack lodges trade mark and copyright seizure notices with the Australian Border Force. We then provide a full range of services in managing the seizure notices, conducting inspections of seized goods, and issuing court proceedings where an importer fails to forfeit the infringing goods.

Our litigators are also skilled at defending trade mark infringement proceedings and in negotiating favourable settlements of claims against our clients.

The effective management of trade mark oppositions is vital to achieve and maintain a competitive advantage through trade marks. We have a proven track record in the successful conduct of oppositions, non-use and revocations actions, including complex and difficult matters. Our attorneys have considerable experience in preparing evidence and legal submissions, attending Trade Marks Office hearings and arguing in support of our clients.

Trade mark oppositions, non-use and revocation actions
The effective management of trade mark oppositions is vital to achieve and maintain a competitive advantage through trade marks.

We have a proven track record in the successful conduct of oppositions, non-use and revocations actions, including complex and difficult matters. Our attorneys have considerable experience in preparing evidence and legal submissions, attending Trade Marks Office hearings and arguing in support of our clients.

Copyright disputes and litigation

We have extensive experience in advising clients on copyright enforcement and infringement.

Dispute resolution, mediation and arbitration

Australian Consumer Law disputes and litigation

Designs disputes and litigation

Protecting the unique features and appearance of a product through registered design rights can be an important supplement to patent rights.

Design validity and infringement are complex questions under Australian law, so we work closely with our patent attorneys to advise clients in relation to ownership, infringement and validity issues.

Customs and border protection